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election law Voting

Trump to Save Elections?

“Election fraud,” said the president. “You’ve heard the term? This will end it, hopefully.” 

The “This” being an Executive Order dated March 25, 2025, entitled “Preserving and Protecting the Integrity of American Elections.”

Interestingly, the opening unfavorably compares the American ways of voting with foreign nations. 

“In tabulating votes, Germany and Canada require use of paper ballots  counted in public by local officials,” the order explains, “which substantially reduces the number of disputes as compared to the American patchwork of voting methods that can lead to basic chain-​of-​custody problems.” The document adds that “countries like Denmark and Sweden sensibly limit mail-​in voting to those unable to vote in person and do not count late-​arriving votes.”

“It is the policy of my Administration to enforce [2 U.S.C. 7 and 3 U.S.C. 1] and require that votes be cast and received by the election date established in law,” Trump’s order states.

Well, California might have to start reporting the results of congressional races in under a month.

More consequently, the EO directs “the Secretary of Homeland Security” and “the Secretary of State” to “ensure that State and local officials have … access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered.”

The exact opposite policy from Biden’s refusal to help those seeking to enforce citizen-​only voting policies.

In full disclosure, as chairman of Americans for Citizen Voting, I helped eight states pass Citizen Only Voting Amendments last November — and six states previously. This year, South Dakota’s legislature has already placed an amendment on the 2026 ballot and, yesterday, Kansas did likewise. 

Democrats continue to push for non-​citizen voting, which liberal courts in California and Vermont have upheld for cities, and to oppose these state amendments. But last week, New York State’s highest (and quite liberal) court struck down New York City’s noncitizen voting ordinance.

This is Common Sense. I’m Paul Jacob. 


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ideological culture Voting

Blood in the Streets?

“When you think about how dangerous it is to raise an issue like this,” Davis Hammet, president of Loud Light Civic Action, explained to a Kansas State House committee, “whenever something doesn’t need to be addressed — because you’re going to create a lot of public attention, a lot of debate on this, and very likely — not to say that anyone here, this is their intention — but there’s [sic] almost three million people in the state, some folks will have very xenophobic and potentially violent outlooks on immigration.”

Hammet then asked legislators to “consider the Garden City bombing plot,” a 2016 case in which three Kansas men were arrested and convicted of conspiring to bomb a housing complex with many Somali immigrants.

Wait … what issue — “like this” — is he talking about? 

Mr. Hammet testified against House Concurrent Resolution 5004, a constitutional amendment introduced by Rep. Pat Procter, clarifying that only U.S. citizens are eligible voters in all Kansas elections, state and local.

“This legally and practically won’t do anything,” asserted Hammet.

Far from the truth, legally. 

Kansas has the same language in its constitution’s suffrage provision as California and Vermont, where courts have upheld the constitutionality of noncitizen voting at the local level. Plus, by placing citizen-​only voting in the state constitution, Kansans can guarantee their power to vote yes or no before any future state legislature or city council could legalize non-​citizen voting.

Twenty-​one cities across the U.S. now give the vote to noncitizens, most also allow those here illegally to vote. Meanwhile,in recent years nearly 30 million Americans in 14 states have voted by whopping margins to enact Citizen Only Voting Amendments like HCR 5004, eight of those states last November

“But it could create fuel on the fire for some radical groups,” speculates Hammet, “to feel like they’re motivated to take improper actions.”

Yet so far without a single fatality! No fisticuffs or riots or bombings attributed to the debate or the public vote. Not one incident. 

Hammet may sound high-​minded, throwing around words like “xenophobic,” but note his paranoia about his fellow citizens handling political issues. Moreover, he fails to recognize that the policy he sees as “anti-​immigrant” is, in actual fact, overwhelmingly supported by immigrants.

So, who’s the xenophobe?

This is Common Sense. I’m Paul Jacob.


Note: HCR 5004 passed that committee and then passed the House on a vote of 98 to 20. The amendment now awaits action in the Kansas State Senate in order to be referred to the voters.

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election law partisanship

Pennsylvania Steal

We must hope that a Democratic effort in Pennsylvania to steal the election for U.S. senator has indeed been thwarted. A new state supreme court ruling with its concurring opinions is definitive.

Problem is, a previous ruling from the same court had already been definitive.

Yet not only have election officials been counting unsigned or undated or improperly dated mail-​in ballots in an effort to rescue incumbent Democrat Bob Casey from defeat at the hands of his Republican challenger, Dave McCormick, via a rejiggering recount, at least some of the election officials breaking the law weren’t even bothering to try to obscure the effort with an “Aw geez, this is perfectly compatible with a reasonable interpretation of election rules and the supreme court ruling” fig leaf.

In Bucks County, county commissioners voted 2 – 1 to proceed with an attempted election-​stealing despite the advice of their own counsel.

Bad as this is, get this: Diane Ellis-​Marseglia, one of the two Democratic commissioners who determined that it was okay to count bad ballots, announced that she didn’t care about whether she was violating the law. Even though her job is to apply it, not to flout it with revolutionary (or corrupt insider) fervor.

“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” she said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”

Attention has been paid. We hope it’s enough.

This is Common Sense. I’m Paul Jacob.


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ideological culture Voting

Don’t Kill Yourself

As Donald Trump appeared to be winning last night, the number of Twitterers who proclaimed a hankering or a design to kill themselves rose dramatically. Michael Malice and others found humor in it, but it’s a super-​saddening development, if you ask me.

These Kamala Harris voters are not really going to kill themselves. It is just something to say on Twitter.

I really hope I’m not wrong about this.

I’ll leave to others the counsel of life. That is the job of friends and family and emergency hotline dispatchers. My counsel is different: talking about suicide because your candidate lost is undemocratic. If the authoritarian pronouncements of both major candidates alarmed you about the danger of anti-​democratic trend, this fad should raise the alarm several decibels.

The whole point of democracy is to allow a transition of power sans bloodshed. And that requires both contenders and supporters not to shed each other’s blood … or their own. When they fail.

It’s a requirement. Not to over-react.

The losers have to accept the loss, and the winners have to refrain from using the state to punish the losers further. 

It’s sort of that simple.

Resignation is key, as scientist Lawrence M. Krauss (@LKrauss1) indicated: “Going to bed, reasonably resigned to Trump win at this point as it seemed to me from a distance for some time. He may be a nut, a liar, and a crook, but the bright side is a likely boost free speech and due process at unis and bump in tech sector, if we survive the rest.”

We will survive. If Trump wins the Electoral Vote (I’m going to bed, too, before a final determination), or if Harris does.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Feds Push Noncitizen Voting

Two states are in trouble with the federal government, which is in trouble with them.

Florida is suing the feds because the Sunshine State needs the cooperation of the federal government to check the status of certain persons on its voter rolls.

Florida is bound by law to maintain accurate registration rolls. The federal government is bound by law to cooperate with requests from state and local governments for the information required to fully assess whether a person on the rolls has the right to vote and to be registered to vote.

But when Florida asked Citizenship and Immigration Services for just this kind of information, the USCIS balked.

Meanwhile, the Justice Department is suing Virginia to prevent that state from cleaning up its own voter rolls. 

Virginia Governor Youngkin castigates the federal action as “an unprecedented lawsuit against me and the Commonwealth of Virginia for appropriately enforcing a 2006 law signed by Democrat Tim Kaine to remove noncitizens from voter rolls — a process that starts with someone declaring themselves a noncitizen and then registering to vote.”

Power Line plausibly suggests that what’s happening here is that the politicized, misnamed Justice Department regards the votes of noncitizens as most likely to be votes for Democratic candidates. So why not discard established law and established procedures if this would help tilt elections in favor of Democrats?

This is Common Sense. I’m Paul Jacob.


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media and media people partisanship Voting

Spilt Ink

“Iowans should vote no,” arguesDes Moines Register editorial, because defeating the Citizen Only Voting Amendment on the statewide ballot would “send a message — to legislators, to our neighbors at home and to the rest of the nation and world — that Iowans reject exclusion and suspicion and instead put a premium on inclusion and trust.”

Let’s unpack.

Ballotpedia summarizes Amendment 1 as prohibiting “state and local governments from allowing noncitizens to vote and allow 17-​year-​olds who will be 18 by the general election to vote in primary elections.”

Nothing suspicious there. But there is an exclusion, of course. The measure would exclude noncitizens from voting in state and local elections.

“The context,” or what the TDS-​afflicted newspaper has apoplectically convinced themselves is the context, “is repeated assertions by President Donald Trump” and other Republicans “that immigrants without citizenship frequently register to vote and vote (more often for Democrats).”

The actual context is simply whether the state constitution should proclaim that only U.S. citizens are eligible to vote. A policy that Donald Trump and Kamala Harris are unsuspiciously excluded from voting on, but which would have prevented the 19 U.S. cities now allowing noncitizens to vote, including in most cases those here illegally, from doing so.

The Register nonetheless declares that “a higher standard is called for when the enduring language of the state Constitution is involved. That document should emphasize what unites Iowans.”

Yet nothing has united legislators more than this Citizen Only Voting Amendment, which passed each chamber of the Legislature twice without a single dissenting vote. 

Bemoaning that “seven states have already, in the past six years, made identical or similar changes in their state constitutions,” The Register further complains that “this fall, Idaho, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin join Iowa in voting on similar amendments.” 

The objection? “That’s a lot of ink spilt to enshrine imaginary protections against imaginary problems.”

These imaginative editors acknowledged, in the same piece, that “[e]xperts say it ties lawmakers’ hands from ever passing laws to permit residents without citizenship to vote in certain local or state elections, such as for school boards.”

Passing Amendment 1 means politicians at the capitol in Des Moines will have to go back to Iowa voters if they want to allow noncitizen voting.

No crying here over spilt ink.

This is Common Sense. I’m Paul Jacob.


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ideological culture Voting

Democrats and Noncitizen Voting

Do Democrats support noncitizen voting? 

It depends. 

Which Democrats do you mean?

A clear majority of voters who identify as supporters of the Democratic Party oppose giving the vote to noncitizens. Specifically, they support the Citizen Only Voting Amendments (COVA) on the ballot this election in eight states — Idaho. Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin.* 

For instance, polling shows Democratic voters in North Carolina favor the only citizen voting measure by an eight to one margin. Among Republicans the margin is a whopping 22 to one. Most Democratic legislators joined every Republican in voting to place the amendment on the ballot, but less enthusiastically: 42 yes votes, 16 no votes and ten abstentions.

In Georgia, 70 percent of Democrats supported passing a Citizen Only Voting Amendment. Republican support was 93 percent with 76 percent of independents in favor. But while every Republican in the Peach State’s House of Representatives voted in the affirmative on HR780, not one single Democrat did so. 

Though not as lopsided as Republicans or independents, 83 percent of whom favor citizen only voting, 59 percent of Kentucky Democrats are supportive, a four to one margin. Yet, while every Republican legislator voted yes, less than one in five Democratic legislators were supportive. 

In Wisconsin, 76 percent of voters like the Citizen Only Voting Amendment, including 57 percent of Democrats residing outside the legislature. Inside the legislature, every single Democrat opposed the amendment. 

In this two-​year legislative cycle, votes were cast in 21 chambers in eleven states. The partisan difference between elected Republicans and Democrats was stark. Not a single Republican voted against the COVA, compiling over a thousand yes votes. Conversely, more Democratic legislators voted against COVA than for it.

Do Democrats support noncitizen voting? Most elected Democrats, yes

This is Common Sense. I’m Paul Jacob.


Note: Additionally, all 19 of the cities where noncitizens are now legally voting, including noncitizens in the country illegally, are very progressive. All are sanctuary cities and governed (nearly) exclusively by Democrats.

* Voters have previously passed COVAs in six other states going back to 2018: Alabama, Colorado, Florida, Louisiana, North Dakota, and Ohio.

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election law general freedom Voting

Strange Standard

Last week, an audit found that Oregon’s Department of Motor Vehicles staff had erroneously forwarded the registrations of 1,259 people who had not provided necessary citizenship documents on to the Secretary of State, and — voilà! — they appeared on the voter rolls.

“None of the Oregon residents who were automatically registered to vote without demonstrating citizenship voted in an election where they could have cast the deciding ballot, the state’s elections director told lawmakers on Wednesday,” reports Oregon Capitol Chronicle.

Is that the new standard? Don’t fret about a system that automatically registers people who are noncitizens … because the number of likely noncitizens who appear to have illegally voted was not enough to have changed the outcome.

The Democrats running the Oregon Legislature were reluctant to hold a hearing; House Majority Leader Ben Bowman opened by warning that “scoring political points” or “attacks or accusations against election staff” or saying anything “that could incite any violence of any kind against any immigrants or any communities in the state” would not be tolerated. 

That’s a dodge — hiding behind concern for immigrants when the issue is a faulty election system. 

Besides, we don’t serve immigrants by placing them on voters’ lists without their knowledge, then sending them flyers urging them to vote, when, if they follow all the prompts sent their way and cast a ballot, they can lose their chance to become an American citizen.

And even be deported.

Simple, straightforward solutions exist: End these automatic voter registration regimes, require proof of citizenship for new folks registering to vote, and make it clear at all levels that voting is for citizens only. 

This is Common Sense. I’m Paul Jacob.


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election law national politics & policies

Kamala’s Cast on Noncitizens

How did Kamala Harris vote?

The Vice President’s hometown of San Francisco is one of 17 cities that allow noncitizens to vote in local elections. Like 75 percent of those cities (according to verify​.com), the City by the Bay also offers that vote to noncitizens in the country illegally. 

Not included in this list of cities is New York City, as the Big Apple’s measure providing the vote to nearly a million noncitizens is still being battled in court. Or Boston, which only awaits approval by the Massachusetts Legislature. 

Neither are Telluride, Colorado, nor Yellow Springs, Ohio, on the list. Voters in both states, in 2020 and 2022, respectively, passed statewide constitutional amendments to say only U.S. citizens can vote in all state and local elections, canceling those local ordinances. Beginning in 2018, six states have enacted Citizen Only Voting Amendments, and eight more states will vote on them this November. 

Back in 2016, San Franciscans narrowly passed Proposition N giving noncitizen parents and caregivers, legally documented or not, voting rights in school board elections. Harris had been prosecuting attorney in San Fran before becoming California’s attorney general. As AG, Ms. Harris ran for the U.S. Senate and would have gone to vote for herself on Election Day 2016 … and on Prop N. 

Surely, she didn’t forget to vote on the proposition. Right?

So, how did she cast her ballot: in favor of providing noncitizens here illegally the franchise? Or not?

If she ever does a non-​scripted interview, perhaps an enterprising journalist might pop that question. Or perhaps a voter in swing states such as North Carolina and Wisconsin — where Citizen Only Voting Amendments are on the ballot — will ask Vice President Harris. 

Answer, please. 

This is Common Sense. I’m Paul Jacob. 


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election law general freedom Voting

Jugglers & Clowns

“Shall the City of Santa Ana City Charter be amended to allow … noncitizen City residents, including those who are taxpayers and parents, to vote in all City of Santa Ana municipal elections?”

In November, this question about voting will be presented to voters. 

It is true that noncitizens in the city include both “taxpayers and parents,” of course. Still, by this same logic, why not change the ballot language to read “including the childless and the destitute”? Those noncitizens would also get to vote. 

Or get away from one’s tax status and childbirth proclivities altogether and change the wording to “including those who speak French and drink coffee.” Or maybe voters could be made aware that noncitizens will include “shopaholics and known thespians.”

All these statements are the truth and nothing but the truth. How could anyone object?

But object they did. Opponents of the measure filed suit, asking a California court to strike the “taxpayers and parents” wording from the ballot — as prejudicial in favor of the change. 

The court agreed, ordering the city to remove that language “sugarcoating” the proposition. 

But the city refuses (I didn’t know cities could tell courts No!*) and is keeping its current biased language to push a Yes vote on the proposition. 

Rule of law be damned.

My last suggestion to Santa Ana officials is to edit the wording after noncitizens to say, “including jugglers and clowns.” No, wait — that particular identification might be confusing, since it applies far less to noncitizens than to Santa Ana’s city council.

This is Common Sense. I’m Paul Jacob. 


* Unusual, indeed, for a local government to ignore a court order. It likely means the proposition, even if passed, will ultimately be blocked in court as improperly enacted. 

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